Notice2022-24939
Large Diameter Welded Pipe From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2020-2021
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 16, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Hyundai RB Co., Ltd. (Hyundai RB) made sales of large diameter welded pipe (welded pipe) from the Republic of Korea (Korea) at prices below normal value (NV), and that Hyundai Steel Company (Hyundai Steel) did not make sales of the subject merchandise at prices below NV during the period of review (POR), May 1, 2020, through April 30, 2021. Commerce further determines that sales by the non-individually examined companies were made at prices below NV.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 220 (Wednesday, November 16, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 220 (Wednesday, November 16, 2022)]
[Notices]
[Pages 68675-68677]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24939]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-897]
Large Diameter Welded Pipe From the Republic of Korea: Final
Results of Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Hyundai RB Co., Ltd. (Hyundai RB) made sales of large diameter welded
pipe (welded pipe) from the Republic of Korea (Korea) at prices below
normal value (NV), and that Hyundai Steel Company (Hyundai Steel) did
not make sales of the subject merchandise at prices below NV during the
period of review (POR), May 1, 2020, through April 30, 2021. Commerce
further determines that sales by the non-individually examined
companies were made at prices below NV.
DATES: Applicable November 16, 2022.
FOR FURTHER INFORMATION CONTACT: Katherine Johnson or Samantha Kinney,
AD/CVD Operations, Office VIII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4929
or (202) 482-2285, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 3, 2022, Commerce published the preliminary results of this
[[Page 68676]]
administrative review.\1\ The review covers 20 producers or exporters
of subject merchandise. We invited interested parties to comment on the
Preliminary Results. A summary of the events that occurred since
Commerce published the Preliminary Results, as well as a full
discussion of the issues raised by parties for these final results, are
included in the Issues and Decision Memorandum.\2\ Commerce conducted
this review in accordance with section 751(a) of the Tariff Act of
1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Large Diameter Welded Pipe from the Republic of Korea:
Preliminary Results of Antidumping Duty Administrative Review and
Partial Rescission; 2020-2021, 87 FR 33723 (June 3, 2022)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results in the 2020-2021 Antidumping Duty Administrative
Review: Large Diameter Welded Pipe from the Republic of Korea,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>3</SUP>
---------------------------------------------------------------------------
\3\ See Large Diameter Welded Pipe from the Republic of Korea:
Amended Final Affirmative Antidumping Determinations and Antidumping
Duty Orders, 84 FR 18767 (May 2, 2019) (Order); see also Large
Diameter Welded Pipe from the Republic of Korea: Final Results of
Antidumping Duty and Countervailing Duty Changed Circumstances
Reviews, 85 FR 51679 (August 21, 2020).
---------------------------------------------------------------------------
The merchandise covered by the Order is welded carbon and alloy
steel pipe (other than stainless steel pipe), more than 406.4 mm (16
inches) in nominal outside diameter (large diameter welded pipe),
regardless of wall thickness, length, surface finish, grade, end
finish, or stenciling. Imports of the product are currently
classifiable in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheadings 7305.11.1030, 7305.11.1060, 7305.11.5000,
7305.12.1030, 7305.12.1060, 7305.12.5000, 7305.19.1030, 7305.19.1060,
7305.19.5000, 7305.31.4000, 7305.31.6090, 7305.39.1000 and
7305.39.5000. While the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of this
order is dispositive. For a complete description of the scope of the
Order, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the parties' case and rebuttal briefs are
addressed in the Issues and Decision Memorandum and are listed in
Appendix I to this notice.\4\ The Issues and Decision Memorandum is a
public document and is on-file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at <a href="http://access.trade.gov/public/FRNoticesListLayout.aspx">http://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\4\ See Appendix I.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on the comments received from interested parties and record
information, we made no changes to our preliminary weighted-average
dumping margin calculations for Hyundai RB and Hyundai Steel.
Rate for Non-Examined Respondents
The statute and Commerce's regulations do not address the
establishment of a weighted-average dumping margin to be determined for
companies not selected for individual examination when Commerce limits
its examination in an administrative review pursuant to section
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5)
of the Act, which provides instructions for calculating the all-others
rate in an investigation, for guidance when determining the weighted-
average dumping margin for companies which were not selected for
individual examination in an administrative review. Under section
735(c)(5)(A) of the Act, the all-others rate is normally an amount
equal to the weighted average of the estimated weighted average dumping
margins established for exporters and producers individually
investigated, excluding any zero and de minimis margins, and any
margins determined entirely on the basis of facts available. For these
final results of review, we calculated a weighted-average dumping
margin for Hyundai RB that is not zero, de minimis, or based entirely
on facts available. Therefore, consistent with our practice, we have
assigned the companies not selected for individual examination the
weighted-average dumping margin calculated for Hyundai RB.
Final Results of Review
As a result of this review, we determine the following weighted-
average dumping margins exist for the POR:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Hyundai RB Co., Ltd......................................... 2.67
Hyundai Steel Company....................................... 0.00
Non-Examined Companies \5\.................................. 2.67
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\5\ See Appendix II.
---------------------------------------------------------------------------
Normally, Commerce discloses to the parties in a proceeding the
calculations that it performed in connection with the final results of
review in accordance with 19 CFR 351.224(b). However, because we made
no changes to our preliminary weighted-average dumping margin
calculations for Hyundai RB and Hyundai Steel, there are no revised
margin calculations to disclose.
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
this review, in accordance with section 751(a)(2)(C) of the Act and 19
CFR 351.212(b). Commerce intends to issue assessment instructions to
CBP no earlier than 35 days after the date of publication of the final
results of this review in the Federal Register. If a timely summons is
filed at the U.S. Court of International Trade, the assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the
entered value of its U.S. sales, we calculated importer-specific ad
valorem duty assessment rates based on the ratio of the total amount of
dumping calculated for the examined sales to the total entered value of
the sales for which entered value was reported. Where the respondent
did not report entered value, we calculated importer-specific per-unit
duty assessment rates based on the ratio of the total amount of
antidumping duties calculated for the examined sales to the total
quantity of those sales. To determine whether an importer-specific per-
unit duty assessment rate is de minimis, we calculated an estimated
entered value.
Where an importer-specific assessment rate is de minimis (i.e.,
less than 0.5 percent), the entries by that importer will be liquidated
without regard to antidumping duties. Because the weighted-average
dumping margin for Hyundai Steel is zero percent, we intend to instruct
CBP to liquidate the
[[Page 68677]]
appropriate entries without regard to antidumping duties.\6\
---------------------------------------------------------------------------
\6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012).
---------------------------------------------------------------------------
Consistent with Commerce's clarification of its assessment
practice, for entries of subject merchandise during the POR produced by
any of the above-referenced respondents for which they did not know
that the merchandise was destined for the United States, we will
instruct CBP to liquidate those entries at the all-others rate in the
original less-than-fair-value (LTFV) investigation of 7.08 percent ad
valorem \7\ if there is no rate for the intermediate company(ies)
involved in the transaction.\8\
---------------------------------------------------------------------------
\7\ See Order.
\8\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies
listed above will be equal to the weighted-average dumping margin
established in these final results; (2) for previously investigated or
reviewed companies not subject to this review, the cash deposit rate
will continue to be the company-specific rate published for the most
recently completed segment of this proceeding in which the company
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or the original LTFV investigation, but the producer
is, the cash deposit rate will be the rate established for the most
recently completed segment of the proceeding for the producer of the
merchandise; and (4) the cash deposit rate for all other producers and
exporters will continue to be 7.08 percent ad valorem, the all-others
rate established in the LTFV investigation.\9\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\9\ See Order.
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during the POR. Failure to
comply with this requirement could result in Commerce's presumption
that reimbursement of antidumping and/or countervailing duties occurred
and the subsequent assessment of double antidumping duties, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: November 9, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Hyundai RB Co., Ltd. (Hyundai RB)
Comment 1: Smoothing of Costs
Comment 2: Scrap Adjustment
Comment 3: Raw Material Discount
Comment 4: Pre-POR Direct Cost Adjustment
Comment 5: General and Administrative (G&A) Expense
Comment 6: Interest Expense Ratio Adjustment
Hyundai Steel Company (Hyundai Steel)
Comment 7: Interest Expense Calculation
Comment 8: Short-Term Interest Income Offset
Comment 9: G&A Expenses
SeAH Steel Corporation (SeAH)
Comment 10: Voluntary Respondent Status for SeAH Steel
Corporation
V. Recommendation
Appendix II
Companies Not Selected for Individual Examination
1. AJU Besteel Co., Ltd.
2. Chang Won Bending Co., Ltd.
3. Daiduck Piping Co., Ltd.
4. Dong Yang Steel Pipe Co., Ltd.
5. Dongbu Incheon Steel Co., Ltd.
6. EEW KHPC Co., Ltd.
7. EEW Korea Co., Ltd.
8. Histeel Co., Ltd.
9. Husteel Co., Ltd.
10. Kiduck Industries Co., Ltd.
11. Kum Kang Kind. Co., Ltd.
12. Kumsoo Connecting Co., Ltd.
13. Nexteel Co., Ltd.
14. SeAH Steel Corporation
15. Seonghwa Industrial Co., Ltd.
16. SIN-E B&P Co., Ltd.
17. Steel Flower Co., Ltd.
18. WELTECH Co., Ltd.
[FR Doc. 2022-24939 Filed 11-15-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on November 16, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.